Successful silk applications fall to 39 per cent under Lord Pentland

Successful silk applications fall to 39 per cent under Lord Pentland

Successful silk applications have dropped to 39 per cent under the new Lord Justice General, Lord Pentland after years of very high rates under his predecessor.

Twenty-eight applications for appointment to King’s Counsel were made in the latest round: 23 from advocates and five from solicitor advocates. Eleven were successful – nine advocates and two solicitor advocates.

The success rates were much higher in preceding years – under the Lord Justice General Carloway. The lord justice general, although assisted by other judges and legal figures, is solely responsible for determining which of the applicants should be nominated for appointment.

Last year, there were 32 applicants, of whom 18 were successful, or 56 per cent. In 2023, 60 per cent of 25 applicants, or 15, succeeded. In 2022, the nomination rate stood at 64 per cent. 

Women are more likely to succeed than men. Figures from the office of the Lord Justice General indicate that over the most recent 10-year period, including this year’s round, the average success rate amongst members of the Faculty of Advocates has been 56 per cent for female applicants and 47 per cent for male applicants.

Of the seven female advocates who applied, five were nominated (71 per cent) and of the 16 male advocates who applied four were (25 per cent).

Keith Connal, independent observer of the appointment process for KCs, said: “From the latest Faculty of Advocate numbers (2024), of 135 practising King’s Counsel 31 are female (23 per cent). The percentage of practising advocates that are female is 29 per cent. 

“Based on the information available for this year’s round and taking account of figures from recent rounds, I am satisfied that there is no obvious bias for or against male or female applicants.”

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